SAN ANTONIO — April Schummer paid Joe Munoz with San Antonio 24 Hour Glass a total of $2,471.79 for multiple glass panels for her bathroom as well as a countertop. He never showed up with the glass.
When Schummer first called SAPD, she said they thought it may be a civil issue. Then, after she provided more information, SAPD started to move her theft case forward.
KENS 5 sat down with senior SAPD Theft Detective Ronald Rocha to find out exactly what information SAPD needs in order to put a theft case together.
It starts with “intent”
While SAPD will need specific elements, which we will discuss below, Rocha said a viable theft case starts with intent. Specifically: Can you prove the suspect intended to take your money without holding up their side of a contract or agreement?
“Is this his (the contractor’s) intent to come in and do half work, poor work, and then just take off and never contact the victim again?” Rocha said. “You have that deception part where they come in, do a little bit of work, and then leave.”
Rocha said every case is unique but SAPD needs to prove the suspect intentionally deceived the victim. SAPD can do this by reviewing the contract, reviewing written correspondence such as text messages, and looking at other factors. It’s helpful to have communication in writing to prove your case.
Also, Rocha said, if the suspect has a prior criminal history of theft that can also help support an argument that the suspect intended to deceive.
Get your facts together
While SAPD looks at the totality of information when evaluating a case, there are some specific facts Rocha said you need to have in order to move your case forward:
The contractor’s full name - Rocha said SAPD will need the contractor’s correct first and last name to start tracking them down. If you don't have a good name for the suspect, or you just have a nickname, police may not be able to find the person.
Proof that you paid - Police need to know how the victim paid the suspect and need enough information to prove the suspect was paid. A victim can get a copy of a check from their bank or may have a copy of a money order. If the victim paid cash, and they have no receipt, it’s much harder to prove you paid.
Can you identify a picture of the individual? - Police must be certain they are filing charges on the correct individual. The victim may be required to identify the suspect out of a photo lineup. If the victim never technically saw the suspect it’s difficult to create a case.
The suspect’s phone number - While police can find phone numbers, the investigation is much easier if the victim already has a phone number that they were using to communicate with the victim. Again, text messages are helpful here.
The suspect’s personal or business address - A business address will both help police verify a contractor’s identity and track them down later. A smart homeowner will get this information ahead of time to vet the contractor before hiring them.
Some complaints will still not be theft
Some arguments with a contractor will not support a theft case. Rocha told KENS 5 contractors sometimes do a poor job, or have a dispute about the terms of their contract, but still intend to finish the job. In that situation, there is no intent to deceive to support the case.
If a contractor does a poor job, but they did attempt to complete the job or fulfill their obligation, Rocha said that case is likely a civil dispute. Similarly, if a contractor finishes a job and the other party is unhappy with the work, that is also a civil dispute.
“Whether it’s poor workmanship on the contractor’s side or the victim just doesn’t like the way they did it, we don’t make that determination,” Rocha said.
Finally, police will not be able to pursue a theft claim if they don’t have enough information to identify the suspect or prove that the victim paid. If a victim pays a man named “John” $100 in cash to do a job and “John” does not come back, police will not have enough to go on.
“Most of the time they don’t have a good name to find the suspect or it is very vague,” Rocha said. “They didn’t have enough information to truly file a case.”
SAPD recommends researching any individual contractor or business ahead of time before paying them or signing a contract with them. The Better Business Bureau can be helpful in evaluating local contractors.